Judgment :-

P. Sathasivam, J.

1) This appeal is filed against the judgment and order dated 15.04.2006 passed by the High Court of Judicature for Rajasthan at Jaipur Bench in D.B. Criminal Appeal No. 247 of 2001 whereby the High Court dismissed the appeal in respect of the appellants herein and confirmed their conviction and sentence awarded by the Court of Additional Sessions Judge, Shahpura, District Jaipur, Rajasthan vide judgment dated 18.04.2001 in Session Case No. 24 of 2000.

2) Brief facts:

(a) As per the prosecution case, Rameshwar (since deceased) was the guarantor for money settlement agreement between one Santosh and Jagdish, residents of Tehsil Bishangarh, P.S. Manoharpur, Jaipur, Rajasthan. When Jagdish started demanding money from Santosh prior to the expiry of the agreement, Rameshwar intervened between them. Since then Jagdish started keeping a grudge against him which is the root cause of the case in hand and resulted into death of two persons in a fight between them.

(b) On 16.07.2000, at 07.30 a.m., when Bhagwan Sahai (PW-8), Bodu Ram (PW-7) and Rameshwar (since deceased) were going towards the well of Padmawati while crossing the field of one Prabhat (since deceased), at that time, Gopal (A-1), Jagdish, Mahesh (A-3), Patasi, Teeja, Gokali and Sita belaboured Rameshwar by inflicting lathi and axe blows. Due to the attack, Rameshwar died on the spot. When Bhagwan Sahai and Bodu Ram tried to intervene, they were also beaten by the accused party. When Prabhat (since deceased), who was working in his field along with his son-Badri Yadav (PW-10), approached towards Rameshwar for help, he was also beaten to death by the accused persons.

(c) On the very same day, at 09.45 a.m., Badri Yadav (PW-10) submitted a written report at P.S. Manoharpur relating to the above-said incident. On the basis of the aforesaid report, a case under Sections 147, 148, 149, 302 and 323 of the Indian Penal Code, 1860 (in short ‘the IPC’) was registered against the accused persons, viz., Gopal (A-1), Jagdish, Mahesh (A-3), Teeja, Patasi and Gokali and the same was committed to the Court of Additional Sessions Judge, Shahpura, District Jaipur, Rajasthan and numbered as Sessions Case No. 24 of 2000.

(d) The Additional Sessions Judge, Shahpura after trial, by order dated 18.04.2001, convicted Teeja under Section 302 of IPC and Gopal, Jagdish and Mahesh under Section 302 read with Section 34 of IPC and sentenced them to suffer rigorous imprisonment (RI) for life alongwith a fine of Rs.1,000/- each, in default, to further undergo simple imprisonment for 3 months. Gokali and Patasi Devi were convicted under Section 323 of IPC and were sentenced to the period already undergone by them in custody.

(e) Challenging the said order of conviction and sentence, the accused persons filed appeal being D.B. Criminal Appeal No. 247 of 2001 before the High Court. By impugned order dated 15.04.2006, the High Court while modifying the order dated 18.04.2001 of the Additional Sessions Judge, allowed the appeal in respect of Teeja, Jagdish, Gokali and Patasi and dismissed the appeal in respect of Gopal (A-1) and Mahesh (A-3), the appellants herein, and confirmed their conviction and sentence awarded to them.

3) Heard Mr. Kanhaiya Priyadarshi, learned amicus curiae appearing for the appellants and Mr. Ram Naresh Yadav, learned counsel appearing for the respondent-State.

Contentions:

4) After taking us through the entire material relied on by the prosecution and the defence, learned amicus curiae appearing for the appellants submitted that it is evident from the site plan that the members of the complainant’s party were the aggressors and they came to the field of the accused persons and attacked them. He also submitted that the appellants also received injuries at the hands of the complainant’s party and the prosecution had failed to explain the same. Finally, he submitted that since the members of the complainant’s party were the aggressors and attacked on the accused pers